UK Immigration Law: Can Home Office Deny Donald Trump a Visa?

As you may have heard Donald Trump has made some ridiculous comments about banning all Muslims from the US; that is he seems to suggest more than 1.5 billion Muslims around the world from entering the US.  David Cameron unsurprisingly did not stand for Donald Trump’s comments saying Donald Trump was “wrong” to question the courage of UK policemen and attacked his call for a ban on Muslims travelling to the United States as “divisive”.

David Cameron’s Visa Ban for Donald Trump

Could Donald Trump be given a visa ban? This has been the question on many people’s minds due to the hatred he has preached.  The answer quite simply is yes he probably could. Home Secretary Theresa May said she had excluded “hundreds” of people. Donald Trump could receive a visa ban from entering the UK following his discriminatory tantrums for Muslims to be banned from entering the US.

The Home Office has the power to ban hate preachers from across the world from entering the UK under their policy of ‘unacceptable behaviours or extremism exclusion policy’.  The Labour Home Affairs Spokesman Jack Dromey and Green Party leader Natalie Bennet have supported a petition to ban Donald Trump from entering the with Conservative MP Sarah Wollaston saying the proposal merited “serious discussion”. One recent challenge in the immigration case Seherwet v ECO [2015] EWCA Civ 1141 by Jeremy Corbyn to implement a visa ban was successful purely on free speech grounds.

UK Immigration Rules: General Grounds for Refusal

The Immigration Rules include some general grounds for refusing applications that would otherwise be granted. This includes at paragraph 320(6) of the rules a mandatory refusal where:

the Secretary of State has personally directed that the exclusion of a person from the United Kingdom is conducive to the public good

The UK Immigration Rules include provision for an application to be refused under the “general grounds for refusal”. The Home Office has detailed internal guidance on the general grounds for refusing an application with separate guidance for applications for entry clearance or applications for leave to Remain.

Our immigration solicitors explain that:

“The Home Office can generally refuse most applications if they feel that the application or the applicant falls under the ‘general grounds of refusal’, which are set out in paragraph 320 of the Immigration Rules.

This can be done at the stage of the applicant’s initial entry clearance application or in some situations after their visa has been granted.

If the Secretary of State wishes to do so, she can curtail or vary an applicant’s leave even after they have entered the UK.”

Paragraph 320 of Immigration Rules

In Donald Trump’s case, he would be looking at making an entry clearance application, the Home Office case worker would consider paragraph 320 of the Immigration Rules. In so considering this rule, the Entry Clearance Officer may refuse an application if they deem that the exclusion of the person from the UK is conducive to the public good.

The Home Office case worker would check the following regarding the applicant:

  • adverse behaviour;
  • non-conduciveness, adverse character, conduct or associations (criminal history, travel ban, non-conduciveness to public good, a threat to national security);
  • adverse immigration history; and
  • adverse medical health.

So, yes Donald Trump could potentially be given a Visa ban from entering the UK if he was looking to continue to preach his ridiculous comments about Muslims.

Legal Advice for Visa Applicants

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a successful visa application step by step and limit the possibility of failure by complying with the strict letter of the law.

If you are concerned that your application may be refused under consideration of paragraph 320 of the Immigration Rules, contact our team who will be happy to consider your matter in detail and explore your options.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a visa application refused, contact us to discuss your case so that we can provide you with a case assessment.

Please contact us so that we can review your case and provide you with an assessment of your case.

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